Test of dishonesty in Ivey applies to deprivation decisions – EIN Blog

Posted March 12th, 2024 in citizenship, cross-examination, evidence, fraud, news by tracey

‘Ullah v Secretary of State for the Home Department [2024] EWCA Civ 201 (06 March 2024). In a case raising an elementary issue of procedural fairness, the Court of Appeal allowed the appeal of Mr Ullah—a Pakistani national—against the UT’s erroneous decision to dismiss his appeal reversing the FTT’s first instance decision to allow his appeal from the SSHD’s decision to make an order to deprive him of British citizenship.’

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EIN Blog, 12th March 2024

Source: www.ein.org.uk

Court of Appeal allows appeal in challenge to ‘pool finding’ in care proceedings – Local Government Lawyer

Posted February 29th, 2024 in care orders, child abuse, evidence, families, news by sally

‘The Court of Appeal has overturned a Family Court decision concerning an injured child because of a series of legal errors.’

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Local Government Lawyer, 29th February 2024

Source: www.localgovernmentlawyer.co.uk

Case Comment: TUI Limited v Griffiths [2023] UKSC 48 – UKSC Blog

‘In this case, Catherine McAndrew, a Senior Associate in the Insurance and Reinsurance team at CMS, comments on the Supreme Court’s decision in TUI Limited v Griffiths [2023] UKSC 48, which was handed down on 29 November 2023.’

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UKSC Blog, 26th January 2024

Source: ukscblog.com

Criminal review body missed chance to clear Andrew Malkinson in 2013 – The Guardian

‘The organisation responsible for investigating miscarriages of justice missed a major opportunity to reconsider Andrew Malkinson’s case, internal documents suggest.’

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The Guardian, 24th January 2024

Source: www.theguardian.com

Update law on computer evidence to avoid Horizon repeat, ministers urged – The Guardian

‘Ministers need to “immediately” update the law to acknowledge that computers are fallible or risk a repeat of the Horizon scandal, legal experts say.’

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The Guardian, 12th January 2024

Source: www.theguardian.com

Rape complainants warned pre-recording evidence could backfire – BBC News

Posted January 11th, 2024 in evidence, news, prosecutions, rape, statistics, video recordings by sally

‘Rape complainants should be told pre-recording evidence could harm their chances of securing a conviction at trial, researchers say.’

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BBC News, 11th January 2024

Source: www.bbc.co.uk

Junior doctor’s appeal against factual findings of sexual misconduct dismissed and limited weight afforded to good character: Shabir v General Medical Council [2023] EWHC 17 – 2 Hare Court

‘In a judgment handed down on 13 July 2023, Mrs Justice Hill dismissed Dr Shabir’s appeal under s40 of the Medical Act 1983 against the finding of facts of the Medical Practitioners Tribunal (“the Tribunal”) which resulted in his erasure from the medical register.’

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2 Hare Court, 5th December 2024

Source: www.2harecourt.com

Griffiths v. TUI UK Limited: Evidence, Challenge and Fairness – UK Human Rights Blog

‘The central question facing the Supreme Court in Griffiths v TUI UK Limited [2023] UKSC 48 concerned the extent to which a party must put criticisms of a witness’ evidence to him in cross-examination. The Supreme Court made clear that the general rule in civil cases is that a party is required to challenge by cross-examination the evidence of any witness (whether factual or expert) if he wishes to submit that the evidence should not be accepted by the court. Importantly, this rule is not confined to allegations that the witness is dishonest. The rule is, however, a flexible one; it will not always be necessary for every point of challenge to be put to a witness, and in some cases (such as where evidence is “manifestly incredible”) it may not apply at all. Although the Supreme Court gave a conceptually clear answer to the question before it, difficult practical issues are likely to continue to arise for trial advocates who wish to challenge factual or expert witness evidence.’

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UK Human Rights Blog, 3rd January 2024

Source: ukhumanrightsblog.com

Griffiths v TUI [2023] UKSC 48: The Supreme Court unanimously agrees with MC Hammer – “U can’t touch this” – St John’s Chambers

‘The Supreme Court today handed down its long-awaited judgment in the case of Griffths v TUI [2023] UKSC 48. It is a thorough, important, and helpful statement (or, depending on one’s view, re-statement) of the laws and rules of evidence, what must be put to a witness before that evidence can be challenged in closing submissions, and the limits on any Judge’s power to dismiss relevant evidence which has not been challenged (or challenged sufficiently) at trial. At the heart of the judgment is the Court’s assessment of what it means for the parties to have a fair trial.’

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St John's Chambers, 29th November 2023

Source: www.stjohnschambers.co.uk

Remote Evidence from Overseas – International & Travel Law Blog

Posted December 21st, 2023 in civil procedure rules, evidence, news, remote hearings, witnesses by sally

‘[T]his blog post by James Pickering is a reminder of the key principles for overseas witnesses giving remote evidence voluntarily. Other situations are governed by the Letters of Request procedure (which is helpfully outlined in the King’s Bench Division Guide 2023 at Section 20).’

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International & Travel Law Blog, 10th November 2023

Source: internationalandtravellawblog.com

UK Supreme Court ruling clarifies fair treatment of expert evidence at trial – OUT-LAW.com

Posted December 7th, 2023 in contracts, evidence, expert witnesses, holidays, news, Supreme Court by michael

‘A decision by the UK Supreme Court has made it clear that the principle of fairness in relation to expert evidence means a party should not entirely reserve its criticisms of an expert’s evidence for closing submissions.’

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OUT-LAW.com, 6th December 2023

Source: www.pinsentmasons.com

Refusal of tribunal to adjourn for aftercare evidence was “kicking the can down the road”, Upper Tribunal finds – Local Government Lawyer

Posted November 28th, 2023 in adjournment, detention, evidence, mental health, news, tribunals by tracey

‘The Upper Tribunal has allowed an appeal on all three grounds against a decision by the First Tier Tribunal to refuse an application for an adjournment to obtain evidence regarding aftercare.’

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Local Government Lawyer, 27th November 2023

Source: www.localgovernmentlawyer.co.uk

‘It risks miscarriages of justice’: MPs oppose rap lyrics being used as evidence in UK trials – The Guardian

Posted November 23rd, 2023 in artistic works, criminal justice, evidence, media, miscarriage of justice, news by sally

‘The lawyer Shami Chakrabarti, the DJ Annie Mac and Labour MPs Nadia Whittome and Kim Johnson are among the figures lending support to a new campaign to change how rap lyrics are used as evidence in UK criminal hearings.’

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The Guardian, 22nd November 2023

Source: www.theguardian.com

Sizing up the competition – The Upper Tribunal considers the public authority VAT exemption in Northumbria Healthcare NHS Foundation Trust v Revenue and Customs – Devereux Chambers

Posted November 14th, 2023 in competition, evidence, hospitals, news, parking, VAT by sally

‘The Upper Tribunal has ruled that an NHS Trust did not provide car parking under a “special legal regime” such that its supplies would be zero-rated. The case is important because (i) it sets a limit on what can be considered a “special legal regime” for the purposes of Article 13 of the Principal VAT Directive and section 41A of the Value Added Tax Act 1994, and (ii) it confirms that detailed factual and expert evidence is not required for a Tribunal to find that treating a public authority as a non-taxable person would lead to significant distortions of competition.’

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Devereux Chambers, 27th October 2023

Source: www.devereuxchambers.co.uk

SP v DM [2023] EWHC 2089 (Fam): Important ruling on giving evidence in Family Court proceedings – Pallant Chambers

Posted November 9th, 2023 in appeals, chambers articles, evidence, families, family courts, news, pregnancy by sally

‘Eve Anstey for Respondent Father – Giving evidence at a fact-finding hearing is, at the best of times, a stressful and emotional experience. Add to that a pregnancy in its third trimester and an important issue on principle is raised about the parameters of the court’s duty to ensure that a trial is conducted fairly whilst ensuring that the mother’s vulnerability is properly protected. In SP v DM, Sir Jonathan Cohen considered that very issue and the Appellant mother’s arguments which significantly attacked the court for purported procedural irregularity in the way that it conducted the fact-finding hearing in respect of mother’s evidence in light of her pregnancy. The appeal was dismissed on all grounds.’

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Pallant Chambers, 14th October 2023

Source: www.pallantchambers.co.uk

At 17, I was jailed for a murder I didn’t commit – and spent seven life-changing years in prison – The Guardian

‘Basic police checks would have shown Sam Hallam wasn’t at the scene of the crime, but these weren’t carried out until he had spent much of his youth inside. He explains why he is still fighting for justice, years after his release.’

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The Guardian, 7th November 2023

Source: www.theguardian.com

Andrew Malkinson: Wrongful conviction inquiry judge pledges ‘fearless’ review – BBC News

‘A judge investigating why Andrew Malkinson spent 17 years in jail for a rape he did not commit says she will be “fearless” in seeking the truth.’

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BBC News, 26th October 2023

Source: www.bbc.co.uk

Woman raped by ex-partner left traumatised by English family courts – The Guardian

‘A woman who was raped by her former partner has told how her fight for justice in the family courts left her traumatised.’

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The Guardian, 21st October 2023

Source: www.theguardian.com

Army members allowed to give evidence to living standards inquiry – BBC News

Posted October 20th, 2023 in armed forces, evidence, government departments, housing, inquiries, news by tracey

‘Members of the armed forces will be permitted to give evidence to MPs about the standard of their living quarters in a partial government climbdown.’

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BBC News, 16th October 2023

Source: www.bbc.co.uk

Homelessness and evidence – Nearly Legal

‘Oday Yabari, R (on the application of) v The Lord Mayor and Citizens of the City of Westminster (2023) EWHC 185 (Admin). A judicial review of what was alleged to be Westminster’s failure to meet its s.188(1) duty to secure suitable accommodation and breach of Public Sector Equality Duty.’

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Nearly Legal, 15th October 2023

Source: nearlylegal.co.uk